HomeHome SearchSearch MenuMenu Our productsOur products

Want to use pre-dismissal arbitration? Do this one thing first

by , 03 October 2014
There are many benefits of using pre-dismissal arbitration when dealing with misconduct or incapacity.

Most importantly, it could save you the time and money of having to go through all the evidence twice, first at your internal hearing and then at the CCMA. And that's because pre-dismissal arbitration replaces an in-house disciplinary enquiry, internal appeal procedure, conciliation and further arbitration.

Sounds great right?

But before you use pre-dismissal arbitration, there's one thing you must do. Read on to find out what it is so you won't find yourself on the wrong side of labour law.


*********** Advertisement ************
 
Get instant samples, templates and checklists to make sure you're implementing labour laws and practices with these free reports

Do you know:

  • These little known ways to reduce absenteeism?
  • Your employees aren't automatically entitled to a bonus?
  • How to get rid of that employee who's not performing?
  • How to solve 40 labour problems that drive other people nuts?
  • All the policies to hire, fire and manage your employees?

Find out now with the five reports you'll get when you sign up to the Labour Law for Managers Subscription Service. Sign up today.

**************************************

 

Here's the one thing you must do before you use pre-dismissal arbitration in your workplace

 
You must first get your employee's consent in writing before you use pre-dismissal arbitration.
 
That's right.
 
According to the Labour Law for Managers Loose Leaf Service, if your employee earns more than the Basic Conditions of Employment Act (BCEA) threshold amount, you must get consent from him in advance of a specific dispute.
 
The most obvious way of getting consent in advance is to put a clause in your employment contract.
 
Make it clear in this clause that the choice to have a pre-dismissal arbitration is entirely up to you.
 

What if your employee earns below the threshold? Must you get his consent to pre-dismissal arbitration?

 
If your employee earns less than the BCEA threshold amount, you can only get his consent to pre-dismissal arbitration for a specific incident. This means you can only do this after you tell him about the allegations against him.
 
For example, if you have evidence that suggests your employee is guilty of falsifying sick certificates, you can put the allegations to your employee and then ask him to consent to a pre-dismissal arbitration on the issue. Then get him to sign the LRA Form 7.19 ('Request for Pre-dismissal arbitration') indicating his consent.
 
Bottom line: You must get your employee's consent before you use pre-dismissal arbitration. It's illegal not to.

Vote article

Want to use pre-dismissal arbitration? Do this one thing first
Rating:
Note: 5 of 1 vote


Related articles




Related articles



Related Products